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Condo association name-calling by board. Anything we can do?

  
  
  
  
  

What can an condo association officer do about libelous written words behavior over e-mail by a fellow officer? Here's one example: "Because you are such an incredibly selfish, unprofessional and ill-mannered individual you seem to have a problem understanding that that person is not always YOU."

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Comments

Although I am not a lawyer, I was in the newspaper business for five years and studied libel in college.  
 
 
 
A key element of libel is public identification. A person cannot be injured by words that are not privvy to the general public. So if the email above was addressed to you personally, by definition, his words cannot be considered libel.  
 
I would argue that even if your fellow trustees were on copy, those words still could not be considered libel since presumably you all know each other on a more personal level and would know enough about each other to dismiss baseless attacks by another board member.  
 
If this email were sent out to the condo community or general public as a whole, you have entirely different story. Of course in order for his words to be libelous, you have to prove that they are both untrue and that they caused you harm. If you allege libel, the sender also has the opportunity to prove that his/her statements were true, because truth is an absolute defense to libel.  
 
On my board, we recently had an instance were board members seemed to suddenly fling very public and nasty barbs at each other over a couple of seemingly unimportant things. I think we as board members sometimes forget that our votes don't have to be unanimous in order to pass/fail. Sometimes the best thing to do when we find ourselves on the prevailing or losing side of a vote is to simply cast our vote and state our reasons for doing so and move on. I don't know the circumstances surrounding the email above, but it seems the best thing to do would be to respond witha a simple "we'll just have to agree to disagree" and move on. It should defuse the situation.
Posted @ Tuesday, September 28, 2010 2:07 PM by Jason Rowe
I don't quite understand what the writer was trying to say! He first states a derogatory towards you then states is not always you!  
 
I have seen worse things said and written. Best thing is don't answer the email and bring it up at a meeting with the fellow board members.
Posted @ Tuesday, September 28, 2010 2:09 PM by Victor
Even if you go to court you would spend thousands, and if you win, at most you would collect a dollar. He called you names. So what?  

Answer his unkind words with kind ones. Tell him you like to meet and iron out your differences; or at least UNDERSTAND your differences.  

At least he hasn't threatened to report you to the state.  
 
Posted @ Tuesday, September 28, 2010 7:44 PM by Michael E Katz
this blog has lots of information great site.
Posted @ Tuesday, September 28, 2010 9:35 PM by andrew
I agree with Michael. Prove the fellow board member wrong by professionally asking to discuss the issues with the other Board member. 
 
A thought ... sticks and stones may break my bones but words can never hurt me. Just LOL. 
Posted @ Wednesday, September 29, 2010 10:02 AM by Cheryl Gowin
Hi Everyone, 
 
Thanks everyone for your comments. The officer who said the mean things is an attorney (for the government no less), and I do believe the "sticks & stones" comment and acting professional and trying to be kind in return are the best routes. It is just so frustrating when you are a proactive, efficient person and you are treated rudely by those who don't contribute 1/100th as much. 
 
In response to the person who said it didn't make sense, I only included part of his comment, and so yes, the "Not you wording" could seem confusing. But he did mean it in reference to me.
Posted @ Wednesday, September 29, 2010 2:58 PM by Amy
The vice president of our board has recently been caught red-handed with claiming homestead exemption in FL but lives in the midwest where he owns 6 properties, one of which is also homesteaded. He was whacked with a hefty fine and back taxes for the past several years. He only spends 2-3 weeks in FL a year and does the board meetings by conference calls. 
 
It is my feeling that we should ask for an immediate impeachment due to this fraud. Other unit owners state that he was not arrested and charged, and merely fined so he should be allowed to stay on the board. 
 
What say you?
Posted @ Monday, October 25, 2010 8:03 PM by katerina
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